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Products Liability Keyed to Fischer, 6th Ed.
Raymond v. Eli Lilly & Co.
Citation:
117 N.H. 164, 371 A.2d 170 (1977)Facts
Patricia Raymond brought suit against Eli Lilly & Co. in February 1975, alleging that C-Quens, an oral contraceptive manufactured by the defendant, caused hemorrhages in her optic nerves resulting in legal blindness. Her husband, Arthur Raymond, sued for consequential damages. The injury occurred in 1968, but according to the district court’s findings, Patricia Raymond did not know, nor had reason to know, of her potential claim against the defendant until “sometime in 1970 or 1971.” Eli Lilly moved for summary judgment, arguing that New Hampshire’s six-year statute of limitations barred the claims since the injury occurred in 1968. The district court denied the motion, finding that under the Shillady rule, the cause of action did not accrue until the plaintiff discovered or should have discovered the causal connection between the drug and her injury.
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